Unit 6-7 Flashcards
(14 cards)
If, after you purchase a property, you have a survey made and find that your neighbor, through error, has built an ornamental fence two feet over on your land, this would be a basic example
a) an easement.
b) an encroachment.
c) an appurtenance.
d) adverse possession.
b) an encroachment.
A license to use another person’s property:
a) runs with the land.
b) is less than an estate in land.
c) may be assigned to another licensee.
d) can be devised to the licensee’s heirs.
b) is less than an estate in land.
The right of a water company to lay and maintain water mains along th rear of a lot is called:
a) an appurtenance.
b) riparian right.
c) easement in gross.
d) a right of encroachment.
c) easement in gross.
A personal right which can be used by the person granted the privilege, but which does NOT run with the land, is called a (n):
a) profit.
b) license.
c) deed restriction.
d) easement.
b) license.
A recorded easement may be removed from the records by:
a) recording a quitclaim deed signed by the owner of the dominant property.
b) a marginal release.
c) a release signed by the servient owner.
d) liberation.
a) recording a quitclaim deed signed by the owner of the dominant property.
A quitclaim deed is a legal document used to transfer ownership of real estate. It differs from a warranty deed in that it doesn’t guarantee the grantor has a clear title or the right to transfer the property. Essentially, a quitclaim deed transfers whatever interest the grantor has in the property to the grantee, without any warranties about the ownership
The words “ingress” and “egress” have a relationship with:
a) streams.
b) easements.
c) birds.
d) license laws.
b) easements.
An easement may be terminated by any of the following EXCEPT:
a) merger of dominant and servient premises.
b) non-use for a long period of time.
c) termination of purpose.
d) express release.
b) non-use for a long period of time.
Which of the following techniques would be used to determine whether or not an encroachment exists?
a) Title search.
b) Suit to quiet title.
c) Titile insurance.
d) Survey.
d) Survey.
An easement created by adverse use is said to have been created by:
a) express grant.
b) implication of law.
c) reservation.
d) prescription.
d) prescription.
Prescription in real estate refers to the legal principle that allows a person to acquire rights to property through continuous and open use over a specified period, typically ranging from 10 to 20 years, without the owner’s permission. This can include concepts like prescriptive easements, where someone gains the right to use another’s property for a specific purpose.
When an easement appurtenant exists between two parcels of land which are separately owned:
a) both the dominant tenement and servient tenement are benefited by the easement.
b) the servient tenement is benefited by the easement.
c) the dominant tenement is benefited by the easement.
d) the servient tenement may revoke the use of easement by giving proper notice.
c) the dominant tenement is benefited by the easement.
11) Which of the following creates deed restrictions?
a) Local building inspector.
b) Authorized authorities.
c) Planning commission.
d) Grantor.
d) Grantor.
Which of the following restrictions if NOT a governmental restriction?
a) Police power.
b) Covenant.
c) Escheat.
d) Eminent domain.
b) Covenant.
In real estate, a covenant is a legally binding agreement, often part of a property’s deed or HOA rules, that outlines limitations on how a property can be used and what alterations can be made. These agreements, sometimes called “Covenants, Conditions, and Restrictions” (CC&Rs), are designed to maintain a certain standard within a community, preserve property values, and regulate the use and appearance of properties.
A deed restriction is considered to be:
a) a lien.
b) a color of title.
c) an encumbrance.
d) an abstract.
c) an encumbrance.
A gift of land for some public use made by the owner and accepted for such use by or on behalf of the public, as streets in a plotted subdivision, is called:
a) easment.
b) dedication.
c) public grant.
d) condemnation.
b) dedication.
